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Trusts

This category contains 172 posts

Result

Mr Brownsea purchased a property in the names of himself and Ms Malit in the hope that a relationship would eventuate.  It did not.  Mr Brownsea wanted the title to the property to vest solely in him, Ms Malit would not oblige. There was no relationship in terms of the Property (Relationships) Act 1976 (the … Continue reading

Capacity in context

Jellyman v Jellyman is about two children with different views as to what is in their mother’s best interests.  The matter came before the court because Mrs Jellyman was a trustee of a testamentary trust under her late husband’s will.  Her son Maurice was the other trustee. Mrs Jellyman wanted to sell her home in Hastings … Continue reading

Loss of morale

Triezenberg v Mason (As to power and appointment and costs) follows the earlier trustee removal decision.  See Buyer’s remorse. By way of background the High Court removed Mr Mason and his incapacitated wife as trustees of two family trusts.  A rift had occurred between the competent trustees that had resulted in significant dysfunction.  No orders … Continue reading

Exit stage left

Oldfield v Oldfield relates to the trust consequences of a marriage breakup.  Specifically, who should be the trustees when the settlors, who are also trustees, can no longer work together. Mrs Oldfield wishes to see Mr Oldfield removed as a trustee.  Mr Oldfield’s view is that it is not appropriate to replace the trustees, rather the … Continue reading

Saunders v Vautier 2019

The rule in Saunders v Vautier is generally well understood.  However, the parameters of the rule are less clear.  As noted in the Law Commission’s Third Issues Paper on the Review of the Law of Trusts “Perpetuities and the Revocation and Variation of Trusts”: The scope of the rule has become wider than merely allowing a … Continue reading

70% too late?

On first blush Kinney v Pardington appears to set the bar for Family Protection Act (FPA)claims at an almost unprecedented 70% in the context of one of three children claiming a breach of moral duty.  However, when the facts are considered, the context of this case, may set it apart due to the very specific … Continue reading

Ink vs litigation

On first glance Almond v Read, appears to have it all.  Arguments were made relating to the parties common intention, a constructive trust and breaches of fiduciary duty in the context of family owned land that was acquired with best of intentions.  However, over time, different parties adopted different views of the basis upon which a … Continue reading

Buyer’s remorse

Trusts can seem like a great idea.  And then one day a settlor can be confronted with the reality of the loss of control and cast around for someone to blame.  In addressing the realities of trust ownership, the exercise of powers of removal and appointment can offer a solution to issues with the dynamics between … Continue reading

Disclosure vs Discovery

Is a beneficiary more entitled to trust information pursuant to an application for discovery, rather than pursuant to a an application for disclosure? As a basic principle, courts do not permit discovery as a “fishing expedition.” However, as noted in Gavin v Powell at [41] “… the trustees’ obligations as to disclosure and a beneficiary’s right … Continue reading

Proper and reasonable

Until his removal in 2014 Toni Waho was a trustee of the Te Kōhanga Reo National Trust (the Trust), a trust that promotes the use and retention of Te Reo.  Me Waho was removed as a trustee on grounds that he had brought the Trust into disrepute by raising matters relating to the Trust and its … Continue reading

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